Jammu and Kashmir Court September 2007 Judgments
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National Insurance Co. Ltd. Vs. Muhammad Sidiq Kuchey and ors.
Court: Jammu and Kashmir
Decided on: Sep-27-2007
Reported in: 2008(1)JKJ422
Mansoor Ahmad Mir, J.1. This Letters Patent Appeal is directed against the Judgment dated 9.10.2002 passed in CIMA No. 8 of 2000, dismissing the appeal filed by the appellant herein against the award dated 31.12.1999 passed by Motor Accidents Claims Tribunal, Pulwama (for short Tribunal) in claim petition No. 2 of 1997 titled jameela and Ors. v. Mohammad Sidiq Kochay and Ors.2. It is profitable to notice the brief facts of the case herein.Claimants--legal heirs of the deceased namely Abdul Gani Shah, filed claim petition before the learned Tribunal on 29.4.1997 on the ground that respondent No. 1. Mahammad Sidiq Kuchay, driver of the offending vehicle was driving the vehicle - passenger bus bearing registration No. 141-JKE on 10.04.1997, rashly and negligently and hit the deceased Abdul Ganai Shah at Sambora, Pulwama, who later on succumbed to the injuries. Claim petition came to be resisted by the appellant--non-applicant No. 3 (insurer) before the learned Tribunal, on the ground that...
Accountant General and ors. Vs. Kartar Chand and anr.
Court: Jammu and Kashmir
Decided on: Sep-26-2007
Reported in: 2008(2)JKJ707
Y.P. Nargotra, J.1. The Accountant General, one of the respondents in the writ petitions, has filed LPA(SW) Nos. 189/2006,106/2007,110/2007 and 109/2007 for questioning the legality of orders dated 21.10.2005 and 20.4.2007 passed in SWP Nos. 139/2004,634/2005,635/2005 and 636/2005. Whereas, the writ petitioners have also filed LPA(SW) Nos. 114/2007, 116/2007 and 118/2007 against the same orders for non-allowing of interest on the withheld amounts of gratuity and other pensionary benefits. As the common question of facts and law are involved, therefore, all these appeals are being disposed of together by this common judgment.2. On the orders passed by the concerned authority, the pay of writ petitioners came to be stepped up while they were in service, for removing the anomaly as their juniors were drawing higher pay than the pay which was being paid to them, admittedly without obtaining the prior approval of General Administrative Department of the Government of Jammu & Kashmir. The wr...
Union of India (Uoi) and ors. Vs. Abdul Aziz Malik and ors.
Court: Jammu and Kashmir
Decided on: Sep-26-2007
Reported in: 2008(3)JKJ414
J.P. Singh, J.1. Facts necessary for the disposal of these appeals and Cross appeals, arising out of Motor Accidents Claims Tribunal, Baramulla's judgments i.e. awards recorded in 44 claim petitions, may briefly be stated thus:2. An open long Truck owned by GREF bearing registration No. 99E-61149 carrying labourers was on its way to Kaman Post Uri, Kashmir on 8th day of October, 2005 when, at about 9 a.m., an earthquake hit the area, resulting in extensive damage and destruction of life and property. All the labourers, barring four, traveling in the GREF truck wee buried in the debris. The surviving labourers too received injuries. The surviving labourers and the dependents of the labourers who had passed away, filed claim petitions in the Motor Accidents Claims Tribunal, Srinagar, against Chief Engineer, Beacon, Commanding Officer GREF and driver Susheel Kumar, who was driving the GREF vehicle when the earth quake had hit the area and mountain debris slided on the road and area around...
Chuni Lal Bhat and ors. Vs. State of J and K and ors.
Court: Jammu and Kashmir
Decided on: Sep-25-2007
Reported in: 2008(2)JKJ658
J.P. Singh, J.1. Aggrieved by Tehsildar, Pattan's order attaching land measuring Ten kanals and two marlas comprised in Survey No. 1654, one kanal nine marlas in survey No. 1655 and one kanal eleven marlas in survey No. 595 situated at village Chukar Tehsil Pattan District Baramulla and seeking direction to Divisional Commissioner, Kashmir to accord requisite permission in terms of Section 3 of the Jammu and Kashmir Migrants Immovable Property (Preservation, Protection and Restraint on Distress Sales), Act 1997, the petitioners have filed this petition saying that petitioner Nos. 1 & 2 and respondent No. 5, the owners of the land, had sold the land to Abdul Aziz Wani, petitioner No. 3 by executing a general power of attorney on 8.3.1995 at Jammu. Respondent No. 5 is stated to have revoked the authority given to petitioner No. 3 and filed an application with Divisional Commissioner, Kashmir requesting him not to grant permission to petitioner No. 3 in respect of four kanals and fifteen ...
Nazir Ahmad Vs. State
Court: Jammu and Kashmir
Decided on: Sep-17-2007
Reported in: 2008CriLJ2628,2008(2)JKJ424
Virender Singh, J.1. Appellant-Nazir Ahmed S/o Shri Alaf Din Gujjar stands convicted under Section 376, R.P.C., vide impugned judgment of learned 2nd Additional Sessions Judge, Jammu, dated 28-12-1987 for allegedly committing rape with his own wife whom he had divorced by virtue of a registered Divorce Deed of 1978. He has been sentenced to undergo simple imprisonment for two years and a fine of Rs. 5,000/- which is ordered to be paid to the prosecutrix (wife).2. As per the report submitted by the Superintendent, District Jail, Jammu, the appellant remained lodged in the jail from 29-1-2005 to 24-12-2005. This indicates that he has undergone about one year of substantive sentence.3. Record reveals that the instant appeal was earlier dismissed on 31-5-2000 by this Court (Hon'ble Mr. Justice Tejinder Singh Daobia). Subsequently, the appellant moved a petition bearing No. 561-A, Cr. P.C. 15/2005 for treating the earlier decision as non est on the ground that the counsel for appellant was ...
Kiran Wala and anr. Vs. State and ors.
Court: Jammu and Kashmir
Decided on: Sep-17-2007
Reported in: 2008(1)JKJ134
Nirmal Singh, J.1. Petitioners are the widow and son of late Sh. Sodagar Mall, who was working as an Assistant in Electric & Maintenance Wing of Power Development Department and died in harness in the year 1997. The petitioners are seeking compassionate appointment.2. The case set up by the petitioners is that petitioner No. 1 who is the widow of deceased employee, applied to the respondent authorities within the specified period of limitation for being appointed on compassionate grounds. A copy of the representation made to the respondents has been placed on record as Annexure B. However, on the said application, there is no mention of the date on which it was submitted. The further case set up by the petitioners is that another application was filed before the respondents on 13th of May'04, vide which the petitioner No. 1 requested the authorities concerned to consider the claim of petitioner No. 2, who is studying in 12th class, for being appointed on compassionate grounds in terms ...
Naveen Kumar Vs. Union of India (Uoi) and ors.
Court: Jammu and Kashmir
Decided on: Sep-17-2007
Reported in: 2008(1)JKJ143
Nirmal Singh, J.1. This is a petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for a writ of certiorari quashing order dated 21st of May'07, vide which the claim of the petitioner for compassionate appointment has been rejected. Mandamus is also sought commanding respondents to appoint the petitioner on compassionate grounds.2. Father of the petitioner namely Om Parkash, who was serving as Auditor in PCDA (NC), died in harness on 6th of Jan'95. The petitioner was minor at that time. On attaining majority, the mother of the petitioner applied to the respondent authorities vide representation dated 24th of Jan '07, that her son (petitioner herein), be given compassionate appointment as Gp.C. The respondents after considering the claim of the petitioner in terms of standing Government orders on the subject, rejected the same vide order impugned dt. 21st of May '07, and it is this order which is subject matter of challeng...
Rajeshwar Singh Vs. S. Narinder Pal Singh Saini
Court: Jammu and Kashmir
Decided on: Sep-17-2007
Reported in: 2008(2)JKJ562
Virender Singh, J.1. The instant appeal has been preferred by complainant, Rajeshwar Singh, against an acquittal earned by respondent, Narinder Pal Singh Saini, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as the Act) vide impugned judgment of learned Judicial Magistrate Ist Class, Jammu, dated 24.05.1999.2. Record reveals that the notice was issued to the respondent on the point of admission of the appeal. He consequently put in appearance through his Advocate and sought time to file objections. Thereafter neither the respondent nor his counsel appeared in the Court. Consequently his bailable warrants of arrest were issued. Ultimately vide order dated 18.08.2000, Special Leave to Appeal was granted under Section 417(2) of the Code of Criminal Procedure and the appeal was admitted. Thereafter fresh bailable warrants were again issued to secure the presence of the respondent. Since his appearance could not be secured...
J and K State Financial Corporation Vs. Balwant Singh and ors.
Court: Jammu and Kashmir
Decided on: Sep-14-2007
Reported in: 2008(2)JKJ507
J.P. Singh, J.1. This Civil 1st Miscellaneous Appeal No. CIMA No. 44/2002, which ought to have been registered as civil 1st appeal is directed against judgment dated 18.4.2001 of learned Additional District Judge, Jammu whereby he had dismissed the appellant's suit for recovery of an amount of Rs. 4,20,154.78, as barred by the law of limitation.2. On this appeal coming up for hearing, learned Counsel for the respondents submitted that this appeal was incompetent because Civil Procedure Code does not contemplate appeal against a judgment under Section 96 of the Code of Civil Procedure which provides for an appeal against a decree alone. Learned Counsel submits that while dismissing the suit, the trial court had passed a decree and a decree sheet too had been prepared by it. The appellant, while filing appeal had not filed copy of the decree along with the appeal. The appeal thus is liable to be rejected, being incompetent.3. Mrs. Seema Shekher, learned Counsel for the appellant submitte...
Bhushan Lal and ors. Vs. Makhan Lal Raina and ors.
Court: Jammu and Kashmir
Decided on: Sep-14-2007
Reported in: 2008(2)JKJ621
J.P. Singh, J.1. This Civil Revision is directed against Additional District Judge, Jammu's Order dated 22-08-2005 affirming Second Additional Munsiff, Jammu's Order dated 04-10-2004 affirming ex-parte interim order dated 09-06-2004 staying the operation of Special Power of Attorney executed by the petitioners in favour of respondent Nos. 2 to 7, on 24-05-2004 and registered on 26-05-2004, during the pendency of the suit.2. Mr. Nirmal Kotwal, learned Counsel for the petitioners, submitted that in view of the specific averment of plaintiff Makhan Lal in the plaint that he was a migrant, his suit for declaration seeking annulment of the Special Power of Attorney executed by the petitioners in favour of respondent Nos. 2 to 7 was not cognizable by the Civil Courts in view of the provisions of the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 and consequently, no injunctive relief could be granted by the trial court stayin...
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